The Research About The Judicial Review Of Academic Dispute Between University And Student

The academic dispute is defined as the academic dispute between university and student is a kind of social disputes which should be judged by professional knowledge or experience.Nowadays,academic disputes prevail among universities.Although the number of them is less than administrative disrupts,many famous cases emerge,such as Liu Yanwen vs Perking University,He Xiaoqiang vs Huazhong University of Science and Technology.The emergence of these cases manifest that there is some abuse of power which injuries rights of students.However,that doesn't mean universities injury students' rights in all cases.In fact,the disputes between university and student also contain cases which students are wrong.Thus,we should to study how to solve these disputes rather than to blame universities.Nonetheless,students are vulnerable because universities are dominated in the relationship between them and students;on the other hand,students,loving their universities,are unwilling to sue them.Thus,it is important to research how to protect students' rights.What's more,there are three ways to solve disputes between university and student,such as appeal,administrative review and prosecution,and this article is in the view of prosecution to study judicature how to involve in the disputes and to solve them.Until now,many scholars have studied judicial review of those disputes theoretically,which could direct judge how to judge them.Some scholar study those disputes through the status of university in the law with the status authorized by laws and regulations theory and public affair corporation theory,which is the base of administrative lawsuit.Some scholars study those disputes through the scope of the judicial review and argue how far the scope is proper.The dominant viewpoint is that the scope is limited,which is determined by the role of judicature and property of university's autonomy.If judicature interferes into those disputes too early or too far,it would do harm to solving disputes and cause other problems.Thus,with the theoretical study and laws and regulations,the standards of judicial intervention are consist by whether interfering the benefits of students and whether fitting the maturity standard.Some scholars research those disputes by intensity of judicial review to find proper means.It is proved that that disputes is belong to administrative law area and should be solved by administrative lawsuit.Beside,this paper classifies that disputes into four kinds:academic dispute of estimating paper,exam dispute,academic misconduct dispute,and academic education administration dispute.Then,summarizing their characteristics respectively is used to study what kinds of means of judicial review suit in order to avoid improper intervention.Procedural review,admitted by most scholars,contains the merits of low intervention and universal application.However,because of its low intervention,it can't suit the complicated disputes,so,we need find new means.Administrative discretion's dispute is similar to academic'disputes because they contain same attributes,such as authority,autonomy,and profession.Thus,we can imitate the means used to review administrative discretion's dispute to review academic'disputes.The review meas of process judgement,combining the merits of produce review and of substantial review as well as quitting the faults of them,is another important means to be imitated.It could review the substantial of the academic dispute under the condition of avoid review the academics themselves.So it suit to review academic disputes and could be used widely.The review of violation of the law and obvious impropriety,a kind of substantial review,is an overall means,which interfere academics deeply,so we should use it carefully.When there is some unjust in the disputes and it couldn't be solved through other ways,we could use it to review that dispute,mainly used to review exam dispute and academic misconduct disputes.